Is it the responsibility of the council to evict Travellers or Gypsies in Salford who have occupied land without the owner's consent?
No is the answer.
The Council cannot remove gypsies or travellers if they are not camping on a council-owned land in Charlestown, Salford, or Brindle Heath, and, the Council can only take up the eviction if it is a council land that is in question, otherwise, gypsies or travellers camping on private land in Greater Manchester can only be removed by the landowner, of course, by using the relevant legal means.
The foremost thing that you need to do is to talk to gypsies and travellers.
You may ask them for the reason behind their stay in Salford, Greater Manchester, and how long they plan to stay.
Assess whether they will cause a disturbance in Salford.
If your evaluation of the situation shows that they are stopping the free flow of traffic on the Highway in Salford, contact the Greater Manchester County Council.
You should inform your solicitor as well and ask about the legal cost you may incur if you wish to evict the travellers.
The gypsies and travellers are usually ready to talk to other members of the community in Greater Manchester.
Keep in mind though they come across too much intolerance and racism, they may be cautious at first about talking openly.
In case you feel like discussions aren't going in the right direction, don't continue negotiating but instead seek guidance from Denbigh Franks.
A few landowners in Charlestown, Brindle Heath, or Salford allow small groups of travellers to live when relations have progressed, and no issues have arisen.
Some in Salford welcome the contribution made by the culture of Gypsy and Traveller to trade and community life, even if only for a short time.
The long-term occupation will require permission from the Greater Manchester City Council.
The legal advisor will advise you to seek possession in Salford civil courts and you can do it under part 55 of the Civil Procedure Rules in the Civil Court.
This entails:
Asking the gypsies to leave your land in Salford
Issuance and service of court summons in Greater Manchester
Seeking a Salford possession order in court
Serving the order of possession in Greater Manchester, if need be
Execute a warrant for possession using the Denbigh Franks county court bailiffs
In most cases, travellers and gypsies will most likely leave when served with an order in Salford.
But, you can hire Denbigh Franks private bailiffs to remove them, and sometimes you do not need a court possession order in Salford to evict them.
Take note that at least 2 full days is between the services of the order and the court hearing date before a court order for eviction in Salford can be granted for eviction in the Greater Manchester county court, as stipulated in the 1998 Civil Procedure Rules.
Your solicitor in Salford will charge you their legal fees, so confirm the cost before you start a court matter.
If the unwanted occupiers had fly-tipped, rubbish disposal in Brindle Heath, Charlestown, or Salford would be your responsibility; Denbigh Franks can provide you with a cost for this.
Trespassing being a civil offence and not a criminal offence, the Salford police can only visit the reported sites.
It is a civil matter and the duty of the landowner in Greater Manchester to remove the trespassers, not the police.
All situations of unauthorized occupying in Salford will be evaluated properly by the Greater Manchester police and necessary action will be taken as set out in the instructions of the Department for Communities and Local Government and Home Office.
For instance, the Police may move gypsies/travellers on land in Charlestown, Salford, or Brindle Heath when a criminal activity against them was established.
The Police can also use the discretionary powers to remove gypsies/travellers if their activities in Salford contravene the Criminal Justice and Public Order Act 1994.
In some cases, where there are more than 5 vehicles belonging to the travellers in Salford, under Section 61 of the Criminal Justice and Public Order Act 1994, Greater Manchester police have the right to use powers.
These legal rights can only be put into practice one public disorder or behaviour in Salford cannot be handled by normal criminal proceedings and will eliminate the trespassing factor as an issue.
However, the rules set out in the Human Rights Act must be followed by the Greater Manchester police, and in scenarios where rights of humans are transgressed in Salford, Charlestown, or Brindle Heath, they might be stopped from using section 61 of the 1994 Criminal Justice And Public Order Act.
If the Salford landowner refuses to take the necessary action to evict the Gypsies or Travellers, what will the Greater Manchester council do?
If any license or planning stipulations have been violated by the landlord in Salford, then proceedings which involve the eviction of illegal occupiers would be made against the landowner in Greater Manchester.
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